Mark Edwin Cook v. Norm Maleng, Amos Reed

963 F.2d 378 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark Edwin COOK, Petitioner-Appellant, v. Norm MALENG, Amos Reed, Respondents-Appellee. No. 91-35545. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. Decided May 14, 1992. Before PREGERSON, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Mark Edwin Cook ("Cook") appeals from the district court's order denying reconsideration of the order denying his writ of habeas corpus. Cook argues that the district court erred by dismissing his claim as premature and by concluding that Cook's earlier conviction would not be used to enhance his state sentence. We have jurisdiction under 28 U.S.C. § 1291 and affirm the judgment of the district court. BACKGROUND 3 Cook was convicted on three counts of robbery in 1958. He was sentenced to three concurrent twenty year terms and was paroled in 1962. In 1965, he was again convicted in Washington State court on three counts of robbery and sentenced to…